[Added 3-6-2023 by Ord. No. 1059]
This article is adopted pursuant to the powers granted and limitations
imposed by the Constitution and laws of the state, including the statutory
authority granted in 65 ILCS 5/11 13 26. Unless otherwise expressly
stated herein, the provisions of this subchapter apply to all property
within the City's zoning jurisdiction, and within the unincorporated
1 1/2 mile radius surrounding the City's zoning jurisdiction.
Should any provision contained in this article conflict with any provision
contained elsewhere in the City's zoning ordinance or City Code,
the provisions in this article shall control as to the regulation
of wind energy systems.
A.
To establish reasonable and uniform regulations for the location,
installation, operation, maintenance, and decommissioning of both
small electricity-generating wind devices for self-consumption and
larger wind energy conversion systems;
B.
To assure that any development and production of wind-generated electricity
in and around the City is safe and to minimize any potentially adverse
effects on the community;
C.
To promote the supply of sustainable and renewable energy resources,
in support of national, state and local goals;
D.
To facilitate energy cost savings and economic opportunities for
City residents and businesses; and
E.
To exercise regulatory authority pursuant to the authority granted
by the Illinois Municipal Code, 65 ILCS 5/11-16-26, et seq.
To the extent any definition contained in this article conflicts
with any definition or term contained elsewhere in the City's
zoning ordinance or City Code, the definition in this article shall
control as to the regulation of wind energy systems. For the purpose
of this article, the following definitions shall apply unless the
context clearly indicates or requires a different meaning.
Any wind energy system that has not been repaired to operational
condition within 90 days after falling out of operational condition.
The all-encompassing sound at a given location, usually a
composite of sounds from many sources near and far. For the purpose
of this chapter, the ambient sound level shall mean the quiescent
background level, that is, the quietest of ten-second average sound
levels measured when there are no nearby or distinctly audible sound
sources (e.g., dogs, cars in line-of-site, or jets). Daytime ambient
measurements should be made during mid-morning, weekday hours while
nighttime measurements should be made after midnight
The owner, who is in the process of submitting or has submitted
an application to install a small wind energy system (SWES) project
in the City.
The hours of the day from 7:00 a.m. to 10:00 p.m., local
time.
The length of any rotor, or blade, as measured from the tip
of the rotor to the center of the turbine multiplied by two.
Any area which is:
Any WECS which is or may be located within the extraterritorial
jurisdiction.
An educational facility, golf course, sports arena, religious
institution, athletic field, or publicly owned property, provided
that, said term shall exclude parks and cemeteries whether publicly
or privately owned.
The amount of energy produced from a wind energy system at
maximum or optimum speeds within one hour, as indicated by the manufacturer.
The time of day after 10:00 p.m. until 7:00 a.m., local time.
A property that is not owned by the owner of a property on
which a small wind energy system is proposed or installed.
Wind energy system facilities being capable of operating
at full capacity while meeting all sound, shadow flicker and other
ordinance provisions, regulations and permit conditions.
Any person or entity responsible for the day-to-day operation
and maintenance of a WECS.
The person(s) who hold(s) title of the property on which
a SWES facility is installed, or any person(s) or entity having an
equity interest in a WECS.
Land, buildings or structures owned by any governmental body
or public agency, including City, county, state or federally owned
properties, other than public rights-of-way.
The on-and-off strobe light effect caused by the shadow of
moving blades cast by the sun passing above a wind energy system turbine.
Shadow flicker intensity is defined as the difference or variation
in brightness at a given location in the presence and absence of a
shadow.
The area covered by moving blades of a wind energy system
turbine, as viewed from the front elevation, described in square feet.
Any wind energy conversion system consisting of a single
wind turbine having a maximum generating capacity of 100 kw, which
is intended to generate energy for any contiguous property primarily
for the use or consumption on that property and not to exceed 45 feet
in height.
Wind energy systems that are freestanding, or structurally
attached either onto the roof or to the side of a building, not exceeding
45 feet in height above the ground.
The A-weighted sound pressure in decibels (dB) (or the C-weighted
level if specified) as measured using a sound level meter that meets
the requirements of a Type 2 or better precision instrument according
to ANSI S1.4. The "average" SOUND LEVEL is time-averaged over a suitable
period (e.g., one minute) using an integrating sound level meter that
meets the requirements of ANSI S12.43.
The reflection of sunlight off a surface of the blades, tower
or other component of a wind energy system.
The structure on which a wind energy system is mounted.
A wind energy conversion system tower consisting of a single
pole, constructed without any guy wires or anchors.
The parts of a wind energy system, including the blades,
nacelle and tail.
A device that converts wind energy into electricity through
the use of either a horizontal or vertical axis wind turbine generator,
and includes the nacelle, rotor, tower, and pad transformer, if any.
The height of a freestanding wind energy conversion system
must be measured at a distance from the ground level to the highest
point on the tower, including the vertical length of any extension
such as the rotor blade. The height of a building-mounted wind energy
conversion system shall be measured as the distance from the point
where the base of the system is attached to the building or to the
lowest point in the wind energy conversion system, whichever is closer
to the ground, to the highest point on the wind energy conversion
system, including the vertical length of any extensions such as the
rotor blade.
An electric generating facility, whose main purpose is to
supply wind-generated electricity, consisting of one or more wind
turbines and other accessory structures and buildings, including substations,
meteorological towers, electrical infrastructure, transmission lines
and other appurtenance structures and facilities; but excluding small
wind energy conversion systems.
A wind energy conversion system located on a building.
A wind energy production, conversion and distribution system
consisting of a wind turbine, tower, and associated electronics equipment.
Any wind energy conversion system other than a small wind
energy conversion system as defined in this article.
A.
Indemnification. The owner of the SWES project shall defend, indemnify
and hold harmless the City and its officials from and against any
and all claims, demands, losses, suits, causes of action, damages,
injuries, costs, expenses and liabilities whatsoever including attorney
fees arising out of the acts or omissions of the owner concerning
the operation of the SWES project without limitation, whether said
liability is premised on contract or on tort.
B.
Requirements.
(1)
Permit application requirements.
(a)
Zoning districts. One SWES shall be allowed on a lot as a permitted
use in any zoning district within the City and within the unincorporated
1 1/2 mile radius of the City, provided that all building permit
requirements and general regulations are met, as provided in the City
code of ordinances, including in this article of the City's zoning
ordinance. A special use permit shall be required for any additional
SWES on a lot.
(b)
Project proposal.
[1]
A permit application shall include the name, address, and phone
number of owner and applicant; photographs of the proposed location
of the SWES; a project summary including the manufacturer information
and number of proposed turbines; and a front elevation depiction showing
the location and proposed height of the top of the turbine, including
distances related to setback provisions contained herein.
[2]
The permit application shall also provide proof of the following,
through documentation such as a guarantee from the manufacturer or
an engineer, or other documentation that reasonably satisfies the
Zoning Officer:
[a]
The SWES is designed to withstand a minimum wind
velocity of 100 miles per hour, with an impact pressure of 40 pounds
per square foot;
[b]
The SWES conforms to all applicable industry standards,
including those of the American National Standards Institute (ANSI).
Applicants shall submit certificates of design compliance that equipment
manufacturers have obtained from underwriters laboratory (UL), National
Renewable Energy Laboratories (NREL), Det Norske Veritas (DNV), Germanischer
Lloyd (GL), or an equivalent third party;
[c]
Proposed SWES facilities are equipped with automatic
and manual braking systems;
[d]
Proof of homeowner or business liability insurance,
covering the SWES, as appropriate; and
[e]
Approval letter from the local electric utility
company, if the system is to be tied to the energy grid.
(2)
Additional installation and use regulations.
(a)
Installation.
[1]
SWES facilities must be installed according to manufacturer
specifications.
[2]
SWES devices may be free-standing or structurally attached either
on the roof or side of a building.
[3]
Electrical connections must be made by a licensed electrician.
[4]
SWES facilities may be located on accessory buildings or structures,
provided that all setback and other regulations are satisfied.
(b)
Height. SWES facilities may extend up to a height of 45 feet
above the ground (at their highest point, including the top of the
blade), whether or not they are mounted on a building. The blade tip,
at its lowest point, shall have a ground clearance of at least 10
feet.
(c)
Sound levels.
[1]
The average sound level from a SWES shall not exceed 55 dB(A)
during daytime hours or 45 dB(A) during nighttime hours at any point
within residential districts or residentially zoned or used property
neighboring the SWES. For neighboring industrial properties the sound
level limit is 65 dB(A) and for other neighboring nonresidential properties,
the sound level limit is 60 dB(A) at any time of the day.
[2]
Sound level meters used for sound measurement must be a Type
2 or better grade per ANSI S1.4 and must have an integrating feature
that meets ANSI S1.43. Procedures must meet the applicable portions
of ANSI S12.9. Measurements must be made when ground level winds do
not exceed five miles per hour.
[3]
The City may require, at the owner's expense, field tests
or sound propagation modeling, conducted by or supervised by an acoustics
specialist certified by the Institute of Noise Control Engineering
as may be necessary, to determine whether a violation of said sound
regulations is occurring or has occurred. The owner shall promptly
remedy any such violations or discontinue operation. The City shall
have discretion as to whether to require such a test, and shall not
be required to do so simply because a resident or neighbor requests
that it be done.
(d)
Shadow flicker. The SWES shall be positioned such that a shadow
flicker will not fall on any window of an existing residential dwelling
of a nonparticipating property for more than one hour a day. The owner
may commit to a schedule for turning SWES turbines off during period
when shadow flicker would so affect any nonparticipating property.
Subsequently constructed or modified residences shall not compromise
the existing approval and operation of the SWES, subject to the applicable
regulations.
(e)
Tower type. In residential districts, the type of tower a wind
turbine may be mounted on shall be restricted to a monopole tower.
(f)
Silhouette. The diameter of the SWES shall not exceed 20% of
the width of the building's front elevation for residentially
zoned or used property, or for property abutting residentially zoned
or used properties.
(g)
Color and sun glint. SWES facilities shall be finished in a
neutral color, as approved by the Zoning Officer. The finish shall
be flat or matte, so as to reduce incidence of sun glint. The required
coloration and finish shall be maintained throughout the life of the
system.
(h)
Electronic interference. SWES facilities shall not operate so
as to cause electromagnetic degradation in performance of microwave,
television, radio, internet, or other wireless transmissions, including
public emergency communications systems, contrary to Federal Communication
Commission (FCC) rules or other state or local laws.
(i)
Signage. No SWES may have any advertising material, writing,
picture, flags, decorations or signage, other than warning information
or manufacturer identification.
(j)
Energy production. The primary purpose of the SWES shall be
the production of energy for local distribution and consumption. SWES
facilities shall not be constructed for the sole purpose of energy
production for wholesale or retail sale purposes. It is permissible
to sell excess energy that is produced by a SWES to the local electric
utility company.
(k)
Setbacks. All parts of the structure of the SWES shall be set
back a distance equal to or exceeding 1.1 times the height of the
SWES, as measured from its base (where mounted) and extending to the
furthest point of the SWES, whether such extension is vertical, horizontal
or diagonal, from all adjacent property lines, road rights-of-way,
transmission lines and communication towers.
(3)
Maintenance and decommissioning.
(a)
Maintenance. SWES facilities shall be maintained in operational
condition at all times, except for reasonable maintenance and repair
outages. Should a SWES fall from operational condition, or should
any part of the SWES become damaged, or should a SWES violate a permit
condition or this article, the owner shall cease operations immediately
and remedy the condition promptly.
(b)
Decommissioning.
[1]
If a SWES has not been in operational condition and has been
abandoned as defined by this article, the City's Zoning Officer
shall notify the owner of the finding of abandonment. The owner shall
remove all SWES structures within 90 days of receipt of the finding
of abandonment.
[2]
If such abandoned facility is not removed within 90 days, the
City may remove all structures at the owner's expense. In the
case of such removal, the City has the right to file a lien against
the property for reimbursement, following reasonable notice to the
owner, to pay for the removal of the facility/facilities. Any and
all expenses incurred by the City as part of this effort, which include
without limitation, facility removal costs, attorney's fees,
accrued interest and recording costs may be sought after by the City.
[3]
Upon removal, the site shall be restored to its original pre-construction
condition, determined by a review of the photos presented with the
project proposal.
(4)
Historic districts and landmarks. SWES facilities within a local
historic district or landmark, a state historic district or landmark
or a national historic district of landmark must receive a recommendation
from the Board of Zoning Appeals and approval by the City Council
prior to any permit being issued for said facility/facilities. Approval
letters from the state or nationally recognized historic preservation
agencies may be required.
A.
Site requirements.
(1)
No wind energy conversion systems, apart from small wind energy systems (as regulated in § 315-119), shall be permitted in residentially zoned districts.
(2)
Wind energy conversion structure height and rotor blade diameter
restrictions. The height of a wind energy conversion structure and
the diameter of the motor blade shall not exceed the following restrictions
for various uses and zoning districts. The height of a wind energy
conversion structure shall be measured from ground level to the top
of the highest point extended.
(a)
For any use that is located in a nonresidential district and
located within 1,000 feet of the boundary of a lot zoned or planned
for residential land use, the maximum height of a wind energy conversion
structure shall be 100 feet and the maximum diameter of the rotors
or the blades shall be 50 feet. For any use that is located in a nonresidential
district and more than 1,000 feet away from any boundary of a lot
zoned or planned for residential use, the maximum height of a wind
energy conversion structure shall be 175 feet. The maximum diameter
of the rotors or the blades for wind energy conversion systems shall
not exceed 100 feet.
(3)
Setback requirements for wind energy conversion structures.
The minimum setback from the property line for any wind energy conversion
structure shall be the total height of said structure measured from
ground level.
(4)
Noise. No wind energy conversion system of combination of wind
energy conversion systems on a single parcel shall create noise that
exceeds the regulatory standards set by the Illinois EPA Pollution
Control Board at any property line where the property on which the
wind energy conversion system is located. Measurement of sound levels
shall not be adjusted for, or averaged with, nonoperating periods.
Any wind energy conversion system exceeding this level shall immediately
cease operation upon notification by the Mayor or Mayor's designee
and may not resume operation until the noise levels have been reduced
in compliance with the required standards and verified by an independent
third-party inspector.
(5)
Multiple wind systems.
(a)
Multiple wind systems may be allowed if they meet all regulations
as required in this section.
(b)
The number of wind turbines on any given parcel of land shall
be limited to:
(c)
There shall be no limit to the number of wind energy conversion
structures for parcels of land having an area greater than 10 acres.
(6)
Force wind standards. Wind energy conversion systems must be
engineered to withstand wind forces of up to 110 miles per hour.
(7)
Removal of nuisance wind systems or turbines.
(a)
The wind energy conversion system or individual turbine is hereby
declared to be a public nuisance if it has been inoperable to generate
any electricity for 180 or more consecutive days.
(b)
Upon receipt of written notice from the Mayor or the Mayor's designee that a wind energy conversion system or individual wind turbine has become a public nuisance as defined in Subsection A(1), above, the owner of a wind energy system or individual turbine to operational condition and operation for the generation of electricity or remove it from the property, provided that in the event the Mayor or Mayor's designee determines that, because of its condition, the WECS or individual turbine poses a great and immediate threat to the public health, safety, or welfare, then the City may remove the structure(s) that specifically pose such a great and immediate threat without any prior notice to said owner, assess the owner for all costs incurred and said removal and file a lien for said costs in the manner provided herein.
(c)
A written notice of public nuisance described herein may be
personally delivered to the owner or authorized agent of the WECS
in question, or delivered by first class U.S. mail. A written notice
delivered by first class U.S. mail shall be deemed received by said
owner three business days after its deposit in the U.S. mail system.
(d)
The failure of any owner to comply with the requirements to
either restore to operation or remove a public nuisance WECS or individual
turbine as provided herein shall be determined a violation of this
Zoning Code and shall be deemed implied consent by said owner to the
City to remove, or hire someone else to remove said wind system or
individual turbine, as the case may be, and to charge said owner for
the entire cost of said removal. Said cost of removal incurred by
the City shall be deemed a lien against the property and the City
shall be authorized to file a notice of said lien in the Office of
the Recorder of Deeds for the cost of removing the wind energy conversion
system. Removal of a wind energy conversion system that constitutes
a public nuisance shall include removal of the turbines, and any above-ground
improvements, including fencing.
(e)
The City may foreclose upon any lien for removal costs as provided
herein in accordance with the procedures for foreclosure of a mortgage
in the Illinois Mortgage Foreclosure Law, 735 ILCS 5/15-1101 et seq.
(8)
Signage. Commercial marking, messages, banners, or signs of
any kind on the wind energy conversion system or tower shall be prohibited.
(9)
Tower access. The tower shall not be accessible for climbing.
No rungs shall be provided for the first 12 feet of the tower and
the climbing apparatus shall be covered. Other approved preventative
measures may be applicable.
(10)
Color. The exterior color of the wind energy conversion system
shall be limited to black, white, off-white and gray and the surface
shall be nonreflective.
(11)
Lighting. No lights shall be installed on the tower, unless
required to meet FAA regulations.
(12)
Permit for extraterritorial wind energy conversion systems.
An application to site and construct an extraterritorial WECS shall
be considered by the City in the same manner as if the applicant had
submitted an application for the placement of a WECS within the corporate
limits of the City. The applicant, facility owner, operator and any
participating landowner with respect to any approved application for
an extraterritorial WECS shall be subject to the terms and conditions
of this code and any approving ordinance or resolution in the same
fashion and to the same extent as if the WECS were located within
the corporate limits of the City.
(13)
Shadow flicker.
(a)
Wind conversion energy systems shall be designed and located
to minimize the shadow flicker. Shadow flicker expected to fall on
a roadway or a neighboring residential structure shall be acceptable
under the following circumstances:
[1]
The flicker, assuming sunlight will not be obscured
by cloud cover during the entire course of the year, will not fall
on the location of concern for more than 30 hours per year; and
[2]
With regards to flicker falling on roadways, the
traffic volumes are less than 500 vehicles per day on the roadway.
(b)
The applicant shall provide a shadow flicker model for any wind
energy conversion system over 150 feet tall. The shadow flicker model
shall demonstrate that the wind energy conversion system meets the
stated provisions.
(14)
Vibrations. The wind energy conversion structure shall not cause
any vibrations detectible by persons without the aid of scientific
instruments on any adjacent property.
(15)
Minimum ground clearance. The blade tip of a wind energy conversion
system, at its lowest point, shall have a ground clearance of no less
than 20 feet.
(16)
Electromagnetic interference.
(a)
The wind energy conversion system shall not cause any electromagnetic
interference with any radio, television, microwave communication or
satellite navigation on other properties.
(b)
If the wind energy conversion system is found to cause electromagnetic
interferences on other properties, the owner shall make any necessary
and reasonable changes to the wind energy conversion system within
90 days of notice from the Zoning Administrator, including removal
or relocation of the wind energy conversion system to eliminate any
electromagnetic interference.
(17)
Proposed wind energy conversion systems.
(a)
Proposed wind energy conversion systems which exceed 45 feet
in height shall be required to submit a special use permit in compliance
with this chapter.
(b)
The proposed special use permit shall meet the following findings
of fact.
[1]
The proposed wind energy conversion system is designed,
located, and proposed to be operated so that it will not be unreasonable
injurious or unreasonably detrimental to the district in which it
may be located or otherwise injurious to the public welfare. It shall
be the applicant's burden to submit evidence to demonstrate the
anticipated impacts of the proposed wind energy conversion system.
[2]
Other than height regulations in this article,
the proposed use conforms to all the applicable regulations and standards
of the district in which it shall be located.
[3]
The proposed use is consistent with the Comprehensive
Plan.
(c)
The issuance of a special use permit for a wind energy conversion
system shall only be allowed in the I-Industrial Zoning District or
extraterritorial jurisdiction. A special use permit for a wind energy
conversion system may be permitted in the extraterritorial jurisdiction
only in areas that are 1,500 feet away from any residential land use
or areas planned for residential land uses by the Comprehensive Plan
and its subsequent amendments and updates.
(d)
The applicant shall submit the following documentation as part
of the special use permit application:
[1]
A noise study, as prepared by a qualified professional,
demonstrating that except for intermittent episodes, the wind energy
conversion system shall not emit noise in excess of the limits established
by the Illinois EPA Pollution Control Board.
[2]
A description and map of the project's noise
producing features, including the range of noise levels expected and
the basis of the expectation.
[3]
A description and map of the noise sensitive environment,
including any sensitive noise receptors, such as, residences, hospitals,
libraries, schools, places of worship, parks, areas with outdoor workers
and other facilities where quiet is important or where noise could
be a nuisance within 1,000 feet.
[4]
A description and map of the cumulative noise impacts
of any problem area defined.
[5]
A description of the project's proposed noise
control features and specific measures proposed to mitigate noise
impacts for sensitive receptors as identified above to a level of
insignificance.
[6]
A shadow flicker model that demonstrates that shadow
flicker shall not fall on, or in, any existing residential structure
and that establishes that shadow flicker expected to fall on a roadway
or a portion of a residentially-zoned parcel may be acceptable if
the flicker does not exceed 30 hours per year at the location of concern;
and the flicker will fall more than 100 feet from any residence; or
the traffic volumes are less than 500 vehicles on the roadway that
is impacted by the flicker. The shadow flicker model shall:
[a]
Map and describe within a 1,000-foot radius of
the proposed dispersed wind energy system the topography, existing
residences and location of their windows, locations of other structures,
wind speeds and directions, existing vegetation and roadways. The
model shall represent the most probable scenarios of wind constancy,
sunshine constancy and wind directions and speed;
[b]
Calculate the locations of shadow flicker caused
by the proposed project and the expected durations of the flicker
at these locations, calculate the total number of houses per year
of flicker at all locations; and
[c]
Identify problem areas where shadow flicker will
interfere with existing and future residences and roadways and describe
proposed mitigation measures, including, but not limited to, a change
in siting of the wind energy conversion system, a change in the operation
of the wind energy conversion system, or grading or landscaping mitigation
measures.
B.
Permit application fee. The permit application fee of $100 is hereby
established and payable to the City for each wind turbine to be erected.
C.
Penalty.
(1)
Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to Article IV, entitled "General Penalty," of the City Code.
(2)
Any person who shall violate or refuse to comply with any of
the provisions of this chapter shall be subject, upon conviction thereof,
to a fine of not more than $200, or imprisonment of not more than
six months, for each offense. Each day that a violation is permitted
to exist shall constitute a separate offense.
